The
superintendence of opium poppy cultivation is regulated in accordance with
Rule 5(2) of the NDPS Act, 1985 and NDPS Rules, which includes the following
important functions:

i)Issue
of Licence to opium poppy cultivators: The General Conditions for
issuance of license regarding eligibility, minimum qualifying yield etc., are
finalized by the Ministry in the month of October every year. Licences are
issued by the DOO generally within a period of two-three weeks on receipt of
General Conditions for issue of Licence from the Govt. in Form No.1
prescribed under Rule 7 of NDPS Rules.

In case of refusal of licence for opium poppy cultivation
by the District Opium Officer, the cultivator may appeal to the Deputy Narcotics
Commissioner within thirty days from the date of communication to him of such
decision or order under Rule 28(1)(a) of NDPS Rules. If the decision or order
regarding withholding or cancellation of licence for opium poppy cultivation
is passed by the Deputy Narcotics Commissioner, appeal in such cases under
Rule 28(1)(b) of NDPS Rules shall lie to the Narcotics Commissioner.

ii)Measurement:
This works generally commences after 25th December. The
measurement of opium poppy fields of all licensed poppy cultivators brought
under poppy cultivation is conducted by the Sub-Inspectors as specified under
Rule 12 of NDPS Rules.The area
measured in respect of each licensed cultivator is entered in the individual
license as well as in the Joint License of the village.

iii)Test
MeasurementThe selective
test-measurement of poppy fields is also undertaken by the Inspectors, DOO,
Superintendent andsenior officers of
the Rank ofANC/DNC as specified by the
Narcotics Commissioner under Rule 12(2) of NDPS Rules generally in the 1st
week of February.

iv)Damage
to poppycropand Uprooting: Departmental
Instructions provide that crop which is damaged due to natural calamities can
be uprooted partially or fully under departmental supervision by a Gazetted
Officer, usually by the District Opium Officer/Superintendent, on an
application for uprooting from the cultivator. Uprooting is permitted only
prior to lancing/extraction of opium.

v)PWR
checks:The cultivators during the
course of harvesting are required to produce daily collection of their opium
crop before the Lambardar for weighment as specified under Rule 13 of NDPS
Rules. The weighment of such opium is conducted by the Lambardar and
necessary entries are made in the Preliminary Weighment Register prescribed
for the purpose. Check weighment of such opium collected by the cultivators
is also conducted by the departmental officers, with reference to the entries
in the Preliminary Weighment Register maintained by the Lambardars.

vi)Opium
Procurement & Weighment:

In
the month of March/April, the Central Bureau of Narcotics sets up procurement
centers for collection of opium i.e. known as Weighment Centers and this operation
is known as Weighment as specified under Rules, 14, 15, 16, 17 and 20 of NDPS
Rules, 1985.

At the weighment centers, theConsistence/Class of opium tendered by the
cultivator is determined by means of Oven Test by the Chemist deputed from
Central Revenue Chemical laboratories. After determination of consistence,
the opium is weighed and 90%of the
payment due is made to the cultivators after converting the weight of opium
tendered by the cultivator to 70ºC (consistence) for maintaining uniformity.

(B)Technical
work

1.Issue of
Licence for manufacturing of manufactured drugs under Rule-37 of the
NDPSRules, 1985 :-

The Manufacturing Licence for manufacture of manufactured
drugs notified under sub-clause (b) of Cl. (xi) of Section 2 of the NDPS Act,
1985 is granted subject to
submission of all requisite documents/information, prescribed by Central
Bureau of Narcotics. Additionally the Narcotics Commissioner also consults
the Drugs Controller General (India) under the provision of Rule-35 of the NDPS
Rules, 1985 before issuing a manufacturing licence.

Before issuing a manufacturing licence, it is also
ensured that the total quantity of manufactured drugsallowed to be manufactured during any year does not
exceed the annual estimated requirements of India as furnished to the International Narcotics Control
Board, Vienna, Austria.

2. Issue
of Import Certificate for import of narcotic drugs and psychotropic
substances
under Rule-55 (1) of the NDPS Rules, 1985:-

The issuance of import certificate for import of
narcotic drugs and psychotropic substances is granted subject to submission of
all requisite documents/information, prescribed by CBN. Additionally, the
issuance of import certificate involves verification of legitimacy of the
transaction, genuineness of the importer and availability of estimate in
respect of India. Other Government Agencies, Competent
Authorities of the importing countries and/or International Organization are
consulted as and when required.

3.Issue of Export Authorisation for export
of narcotic drugs and psychotropicsubstancesunder Rule-58 (1) of the NDPS Rules, 1985 :-

The issuance of export authorization for export
of narcotic drugs and psychotropic substances is granted subject to
submission of all requisite documents/information, prescribed by CBN.
Additionally, the issuance of export authorization involves verification of
legitimacy of the transaction, genuineness of the importer/exporter and
availability of estimate in respect of importing country. Concerned
Government Agencies, Competent Authority of the exporting countries or any
international organization is consulted as and when required.

The issuance of No Objection Certificate (NOC)
for export/import of“select”
precursor Chemicals isgranted subject
to submission of all requisite documents/information, prescribed by CBN.
Additionally, the issuance of NOC involves verification of legitimacy of the
transaction and genuineness of the importer/exporter.

5.Registration of import contract for
import of poppy seeds under the provision of DGFT notification:-

The
Registration of import contracts with the Narcotics Commissioner for import
of poppy seeds is provided for in the
Ministry of Commerce and Industry, Department of Commerce, Notification
No.27(RE-2000)/1997-2002 dated 1.8.2000, which reads as follows:-

(ii)The importer shall produce an appropriate
certificate from the competent authority of the exporting country that Opium
Poppy have been grown licitly/legally in that country as per requirements of
international Narcotics Control Board (INCB) and

(iii)All import contracts for this item
shall compulsory be registered with the Narcotics Commissioner, Gwalior prior to
import.

Additionally,
the registration of import contract involves verification of legitimacy of the transaction and
genuineness of the importer. Other Government Agencies or any International
Organization areconsulted as and when
required.

(C)Preventive and Enforcement work.

The
officers of CBN of and above the rank of Sub Inspectors have been
empoweredas per Notification No.
6/85 dated 14.11.195 -S.O. 822(E) issued by the Ministry under the provisions
of section 42 of the NDPS Act, 1985.

1.Recording of information

Whenever
any information regarding drug trafficking of drug trafficker is received it
is taken down in writing and is forwarded to the immediate official superior
to the person recording the information The officers of and above the rank of
a Sub Inspector of CBN are empoweredas per Notification No. 6/85 dated 14.11.195 -S.O. 822(E) issued by
the Ministry under the provisions of section 42 of the NDPS Act, 1985 to take
such action.

2.Search & Seizure:

The
officers of and above the rank of a Sub Inspector of CBNare empowered for search, seizure and
arrest as per Notification No. 6/85 dated 14.11.195 -S.O. 822(E) issued by
the Ministry under the provisions of section 42 of the NDPS Act. 1985

Before commencement of the search the
officer obtains authorization for the search as per provision of section
41(2) of NDPS Act. 1985. An officer of and above the rank of superintendent
of CBN have also been empowered to issue search authorization under the
provision of above mentioned section of the Act.Search of a premises or a person is
conducted in presence of two independent respectable witnesses of that
locality and owner of the premises. Search of a person is conducted strictly
in accordance with the provisions provided in section 50 of the NDPS Act. The
search of the person is conducted before any Gazetted Officer of any of the
department mentioned in section 42 of the Act or before the nearest
Magistrate if such person so requires.

3.Preparation of Seizure Memo
(Panchnama):

After
conclusion of search, a panchnama containing details of legal formalities
observed and illicit drugs or things or documents recovered is to be drawn on
the spot.. In case of no recovery, a panchnama regarding non recovery is
drawn on the spot. The panchnama bears the signatures of the witnesses and
owner of the premises searched alongwith their names addresses etc, An
officer of and above the rank of a sub Inspector of CBN is empowered for
search and seizure

4. Drawal of Sample :

Representative
Samples two each of the required quantity from the seized drugs are drawn and
sealed on the spot before the Witnesses and owner of the drug for chemical
analysis. Seized drug is also weighed and sealed in presence of witnesses and
owner and their signature or thumb impression are taken on the sealed
packets. After completion of required formalities it is required to be sent
to the concerned laboratory.

5.Statements of the accused:

Interrogation
of the suspect is required to be recorded u/s 67 of the NDPS Act, 1985. to
ascertain his involvement/role in the drug trade, associates, occupation,
financial profile etc An officer of and above the rank of a Sub Inspector of
CBN empowered under section 42 of the NDPS Act may call for any information
and examine a person during the course of any enquiry in connection with the
contravention of any provision of NDPS Act 1985 as per provision of Section
67 of the Act

It
is be ensured that the said statement should be written by him in his own hand
writing. In case that statement is not written by him due to any reason, it
is to mentionthat the said
statementhas been read out and
explained to the person in the language known to him, before concluding the
statement. In the event of his arrest, he is informed of the ground of his
arrest

6.Disposal of person arrested and
articles seized :

The
officer who seizes the article and arrests the person,forwards the person to the jurisdictional Magistrate
without unnecessary delay. He also forwards the arrested person/persons and
the seized articles to the officer empowered u/s 53 as per provisions of
Section 52 of the Act. The officer making arrest also informs about the
arrest to the family member or any nominated person of the person arrested
immediately.

The
officers of CBN of and above the rank of an Inspector have been invested with
the powers of a Station Incharge of Police Station for taking charge of the
seized articles and person arrested and for the investigation of the offences
under the NDPS Act. 1985 vide Notification No. 7/85 dated 14.11.985-S.O. 823
(E) issued by the Ministry under the provision of section 53 of NDPS Act

7.Information regarding seizure and
arrest :

It
is mandatory to report to the immediate superior officer regarding such
seizure and arrest in terms of Sec.57 of the Act.

8.Appointment
of Investigating Officer :

Upon
receiving the report of seizure and arrest alongwith seized goods/articles
and the accused, an Investigating officer is immediately to be appointed u/s
53 of the Act to take the charge of the seized articles and person arrested,
from the seizing officer. The officers of CBN of and above the rank of an
Inspector has been invested with the powers of a Station Incharge of Police
Station for the investigation of the offences under the NDPS Act. 1985 vide
Notification No. 7/85 dated 14.11.985-S.O. 823 (E) issued by the Ministry
under the provision of section 53 of NDPS Act. The IO should obtain remand of
the accused if necessary and further arrange to take follow up action where
required.

9.Deposition
of seized goods:

The
seized goods including samples are to be kept in Malkhana(godown). The
incharge malkhana after examining all seal and description of the goods and
its weight, is to enter the particulars in Malkhana Register.

10. Dispatch of samples for chemical analysis:

It
is the responsibility of the Investigating Officer to ensure the dispatch of
one sample out of the two samples drawn from seized stuff for chemical
analysis to the Govt. Opium & Alkaloid Factories, Ghazipur or Neemuch for
chemical analysis.

11.Filing of complaint:

After
receiving the test report from the chemical examiner andcompletion of investigation, the
InvestigatingOfficer (IO)has tofile a complaint under the relevant provision of the Act in the court
of Special Judge for NDPS. within the stipulated time period as per
provisions of Section 36A(4) of the NDPS Act 1985.

Action
for Identifying, seizing or freezing of illegally acquired properties of drug
offenders: is taken by the officers of CBN as per provisions of chapter VA of
the NDPS act 1985. Any officer of CBN empowered under Section 53 of the Act.
may trace, identify, seize or freeze the illegally acquired properties of
drug offenders covered under Chapter VA of the NDPS Act 1985.(Section 68E of
the NDPS act ) A copy of the order made for seizingillegally acquired property is to be sent
to the Competent Authorityas per
provisions of Section 68 F (2) of NDPS Act.

13.Proposal for Detention :

Action for preventive detention against habitual and organized illicit
drug traffickers is taken under the provisionsof thePrevention of illicit Traffic in Narcotic Drugs and Psychotropic
Substances Act 1988 (PITNDPS Act. 1988), in order to check their activities.
A proposal for detention is forwarded to the detaining authority appointed by
the Government as per provision of section 3(1) of PITNDPS Act. 1988. The
detaining authority after examining the facts and circumstances of the case
comes to the conclusion as to whether there are sufficient grounds for issue
of preventive detention order for detention. After the detention a reference
is made to theAdvisory Board for its
report as per section 9 of PITNDPS Act. 1988.The maximum period for which any person can be detained is provided
insection 11 of the PITNDPS Act.
1988.

(D) Administrative, establishment functions
of the Department

In addition to the above work mentioned atA, B, and C,the field officersof the CBN as well as the Hqrs. office
alsoundertakeexaminationof various matters relatingto
administration & establishment of the organization. Theserelate to day to dayfunction of the offices including
procurement of articles and equipments, transfer and posting of officers and
staff, allocation of duties and functionsto various offices and branches, holding of DPC’sfor promotion of officersas and when due, vigilance, budget and
accounts work etc.